| JERSEY Bailiwick of Jersey Bailiwick of Jersey (British Crown Dependency) Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Click here Updated 02/01/11 |
| CAPITAL |
| POPULATION |
| CHIEF OF STATE |
| SELECTION PROCESS |
Saint Helier
93,363 (July 2010 est.)
Terry Le Sueur
Chief Minister since 12 December 2008
Chief Minister since 12 December 2008
The monarch is hereditary; lieutenant governor appointed by the
monarch
monarch
HEAD OF GOVERNMENT
SELECTION PROCESS
Ministers of the Cabinet including the chief minister are elected by
the Assembly of States; Bailiff appointed by the monarch.
Elections last held 19 October 2005 for senators and 23
November 2005 for deputies
Next scheduled election: 19 October 2011
the Assembly of States; Bailiff appointed by the monarch.
Elections last held 19 October 2005 for senators and 23
November 2005 for deputies
Next scheduled election: 19 October 2011
| DECLARATION OF HUMAN RIGHTS |
| ETHNIC GROUPS |
Jersey 51.1%, Britons 34.8%, Irish, French, and other white 6.6%, Portuguese/Madeiran 6.4%, other 1.1% (2001 census)
| RELIGIONS |
Anglican, Roman Catholic, Baptist, Congregational New Church, Methodist, Presbyterian
| GOVERNMENT STRUCTURE |
British crown dependency; Parliamentary democracy with 12 parishes ; Legal system are the laws of the UK, where applicable and
local statutes; justice is administered by the Royal Court
Executive: Ministers of the Cabinet including the chief minister are elected by the Assembly of States; the monarch is hereditary; lieutenant
governor and bailiff appointed by the monarch
Legislative: Unicameral Assembly of the States of Jersey (58 seats; 55 are voting members, of which 12 are senators elected for
six-year terms, 12 are constables or heads of parishes elected for three-year terms, 29 are deputies elected for three-year terms,
the bailiff and the deputy bailiff, and 3 non-voting members includes the Dean of Jersey, the Attorney General, and the Solicitor
General appointed by the monarch)
elections: last held 15 October 2008 for senators and 26 November 2008 for deputies (next to be held in 19 October 2011)
Judicial: Royal Court (judges elected by an electoral college and the bailiff)
local statutes; justice is administered by the Royal Court
Executive: Ministers of the Cabinet including the chief minister are elected by the Assembly of States; the monarch is hereditary; lieutenant
governor and bailiff appointed by the monarch
Legislative: Unicameral Assembly of the States of Jersey (58 seats; 55 are voting members, of which 12 are senators elected for
six-year terms, 12 are constables or heads of parishes elected for three-year terms, 29 are deputies elected for three-year terms,
the bailiff and the deputy bailiff, and 3 non-voting members includes the Dean of Jersey, the Attorney General, and the Solicitor
General appointed by the monarch)
elections: last held 15 October 2008 for senators and 26 November 2008 for deputies (next to be held in 19 October 2011)
Judicial: Royal Court (judges elected by an electoral college and the bailiff)
| LANGUAGES |
English 94.5% (official), Portuguese 4.6%, other 0.9% (2001 census)
| BRIEF HISTORY |
It has been an island for approximately 8,000 years and at its extremes it measures 10 miles east to west and six miles north to
south. The earliest evidence of human activity in the island dates to about 250,000 years ago when bands of hunters used the caves
at La Cotte de St Brelade as a base for hunting mammoth. There was sporadic activity in the area by nomadic bands of hunters until
the introduction of settled communities in the Neolithic period, which is marked by the building of the ritual burial sites known as
dolmens. The number, size and visible locations of these megalithic monuments (especially La Hougue Bie) have suggested that
social organisation over a wide area, including surrounding coasts, was required for the construction. Archaeological evidence
shows that there were trading links with Brittany and the south coast of England during this time. It would appear that the island was
significant enough to inspire large-scale construction projects. Although part of the Roman world, we know very little about the
island until the 11th century. The tradition that the Island was called Caesarea by the Romans appears to have no basis in fact. The
Channel Islands, then called the Lenur Islands, were occupied by the Britons during their migration to Brittany (5th-6th century).
Various saints such as the Celts Samson of Dol and Branwaldr (Brelade) were active in the region, although tradition has it that it
was Saint Helier from Tongeren in modern-day Belgium who first brought Christianity to the Island in the 6th century, and
Charlemagne sent his emissary to the island (at that time called Angia, also spelt Agna) in 803. The island took the name Jersey as a
result of Viking activity in the area between the 9th and 10th centuries. The Channel Islands remained politically linked to Brittany
until 933 when William Longsword, Duke of Normandy seized the Cotentin and the islands and added them to his domain; in 1066
Duke William II of Normandy defeated Harold at Hastings to become king of England; however, he continued to rule his French
possessions as a separate entity. The islands remained part of the Duchy of Normandy until 1204 when King Philippe Auguste of
France conquered the duchy from King John of England; the islands remained in the personal possession of the king and were
described as being a Peculiar of the Crown. The so-called Constitutions of King John are the foundation of modern
self-government. From 1204 onwards the Channel Islands ceased to be a peaceful backwater and were thrown into the spotlight as
a potential flashpoint on the international stage between England and France. In the Treaty of Paris (1259) the King of France gave
up claim to the Channel Islands. The claim was based upon his position as feudal overlord of the Duke of Normandy. The King of
England gave up claim to mainland Normandy and appointed a Warden, a position now termed Lieutenant-Governor and a Bailiff
to govern in his stead. The Channel Islands were never formerly absorbed into the Kingdom of England, however. Mont Orgueil
castle was built at this time to serve as a Royal fortress and military base. During the Hundred Years' War the island was attacked
many times and was even occupied for a couple of years in the 1380s. Because of the island's strategic importance to the English
Crown the islanders were able to negotiate a number of benefits for themselves from the king. During the Wars of the Roses the
island was occupied by the French for seven years (1461-68) before Sir Richard Harliston arrived in the island to claim it back for
the English king. During the 16th century the islanders adopted the Protestant religion and life became very austere. The increasing
use of gunpowder on the battlefield meant that the fortifications on the island had to be adapted and a new fortress built to defend St
Aubin's Bay. The new Elizabeth Castle was named after the queen by Sir Walter Raleigh when he was governor. During the 1640s
England was split by Civil War and hostilities spread into Scotland and Ireland as well. Jersey was divided and while the sympathy
of islanders lay with Parliament the de Carterets held the island for the king. The future Charles II visited the island in 1646 and
again in 1649 following the execution of his father. It was in the Royal Square in St. Helier on February 17, 1649 that Charles was
first publicly proclaimed king after his father's death. Parliamentarian forces eventually captured the island in 1651. In recognition for
all the help given to him during his exile, Charles II gave George Carteret, Bailiff and governor, a large grant of land in the American
colonies, which he promptly named New Jersey, now part of the United States of America. Towards the end of the 17th century
Jersey strengthened its links with the Americas when many islanders emigrated to New England and north east Canada. The
Chamber of Commerce founded 24 February 1768 is the oldest in the Commonwealth. The Code of 1771 laid down for the first
time in one place the extant laws of Jersey, and from this time the functions of the Royal Court and the States of Jersey were
delimited, with sole legislative power vested in the States. The 18th century was a period of political tension between Britain and
France as the two nations clashed all over the world as their ambitions grew. Because of its position Jersey was more or less on a
continuous war footing. During the American Wars of Independence there were two attempted invasions of the island. The number
of English speaking soldiers stationed in the island and the number of retired officers and English speaking labourers who came to
the islands in the 1820s saw the island gradually moving towards an English-speaking culture.J ersey was the 4th largest ship
building area in the 19th century British Isles, building over 900 vessels around the island. In the late 19th century as the former
thriving cider and wool industries declined, island farmers benefited from the development of two luxury products - the Jersey cow
and the Jersey Royal potato. The former was the product of careful and selective breeding programmes; the latter being a total
fluke. The anarchist philosopher, Peter Kropotkin who visited the Channel Islands in 1890, 1896 and 1903 described the
agriculture of Jersey in The Conquest of Bread. The 19th century also saw the rise of tourism as an important industry, which
reached its climax in the period from the end of the Second World War to the 1980s. English was first permitted in debates in the
States of Jersey in 1901 and the first legislation to be drawn up primarily in English was the Income Tax Law of 1928. Emotionally,
the 20th century has been dominated by the Occupation of the island by German troops between 1940 and 1945 which saw about
8,000 islanders evacuated, 1,200 islanders deported to camps in Germany and over 300 islanders being sentenced to the prison
and concentration camps of mainland Europe (it depended on Neuengamme). 20 died as a result. The islanders endured
near-starvation in the winter of 1944-45, after it had been cut off from German-occupied Europe by Allied forces advancing from
the Normandy beachheads, avoided only by the arrival of the Red Cross supply ship Vega in December 1944. Liberation Day -
May 9 is marked as a public holiday. The Channel Islands were the only British soil occupied by German troops in World War II.
The event which has had the most far reaching effect on Jersey in modern times, is the growth of the finance industry in the island
from the 1960s onwards.
Source: Wikipedia: History of Jersey
south. The earliest evidence of human activity in the island dates to about 250,000 years ago when bands of hunters used the caves
at La Cotte de St Brelade as a base for hunting mammoth. There was sporadic activity in the area by nomadic bands of hunters until
the introduction of settled communities in the Neolithic period, which is marked by the building of the ritual burial sites known as
dolmens. The number, size and visible locations of these megalithic monuments (especially La Hougue Bie) have suggested that
social organisation over a wide area, including surrounding coasts, was required for the construction. Archaeological evidence
shows that there were trading links with Brittany and the south coast of England during this time. It would appear that the island was
significant enough to inspire large-scale construction projects. Although part of the Roman world, we know very little about the
island until the 11th century. The tradition that the Island was called Caesarea by the Romans appears to have no basis in fact. The
Channel Islands, then called the Lenur Islands, were occupied by the Britons during their migration to Brittany (5th-6th century).
Various saints such as the Celts Samson of Dol and Branwaldr (Brelade) were active in the region, although tradition has it that it
was Saint Helier from Tongeren in modern-day Belgium who first brought Christianity to the Island in the 6th century, and
Charlemagne sent his emissary to the island (at that time called Angia, also spelt Agna) in 803. The island took the name Jersey as a
result of Viking activity in the area between the 9th and 10th centuries. The Channel Islands remained politically linked to Brittany
until 933 when William Longsword, Duke of Normandy seized the Cotentin and the islands and added them to his domain; in 1066
Duke William II of Normandy defeated Harold at Hastings to become king of England; however, he continued to rule his French
possessions as a separate entity. The islands remained part of the Duchy of Normandy until 1204 when King Philippe Auguste of
France conquered the duchy from King John of England; the islands remained in the personal possession of the king and were
described as being a Peculiar of the Crown. The so-called Constitutions of King John are the foundation of modern
self-government. From 1204 onwards the Channel Islands ceased to be a peaceful backwater and were thrown into the spotlight as
a potential flashpoint on the international stage between England and France. In the Treaty of Paris (1259) the King of France gave
up claim to the Channel Islands. The claim was based upon his position as feudal overlord of the Duke of Normandy. The King of
England gave up claim to mainland Normandy and appointed a Warden, a position now termed Lieutenant-Governor and a Bailiff
to govern in his stead. The Channel Islands were never formerly absorbed into the Kingdom of England, however. Mont Orgueil
castle was built at this time to serve as a Royal fortress and military base. During the Hundred Years' War the island was attacked
many times and was even occupied for a couple of years in the 1380s. Because of the island's strategic importance to the English
Crown the islanders were able to negotiate a number of benefits for themselves from the king. During the Wars of the Roses the
island was occupied by the French for seven years (1461-68) before Sir Richard Harliston arrived in the island to claim it back for
the English king. During the 16th century the islanders adopted the Protestant religion and life became very austere. The increasing
use of gunpowder on the battlefield meant that the fortifications on the island had to be adapted and a new fortress built to defend St
Aubin's Bay. The new Elizabeth Castle was named after the queen by Sir Walter Raleigh when he was governor. During the 1640s
England was split by Civil War and hostilities spread into Scotland and Ireland as well. Jersey was divided and while the sympathy
of islanders lay with Parliament the de Carterets held the island for the king. The future Charles II visited the island in 1646 and
again in 1649 following the execution of his father. It was in the Royal Square in St. Helier on February 17, 1649 that Charles was
first publicly proclaimed king after his father's death. Parliamentarian forces eventually captured the island in 1651. In recognition for
all the help given to him during his exile, Charles II gave George Carteret, Bailiff and governor, a large grant of land in the American
colonies, which he promptly named New Jersey, now part of the United States of America. Towards the end of the 17th century
Jersey strengthened its links with the Americas when many islanders emigrated to New England and north east Canada. The
Chamber of Commerce founded 24 February 1768 is the oldest in the Commonwealth. The Code of 1771 laid down for the first
time in one place the extant laws of Jersey, and from this time the functions of the Royal Court and the States of Jersey were
delimited, with sole legislative power vested in the States. The 18th century was a period of political tension between Britain and
France as the two nations clashed all over the world as their ambitions grew. Because of its position Jersey was more or less on a
continuous war footing. During the American Wars of Independence there were two attempted invasions of the island. The number
of English speaking soldiers stationed in the island and the number of retired officers and English speaking labourers who came to
the islands in the 1820s saw the island gradually moving towards an English-speaking culture.J ersey was the 4th largest ship
building area in the 19th century British Isles, building over 900 vessels around the island. In the late 19th century as the former
thriving cider and wool industries declined, island farmers benefited from the development of two luxury products - the Jersey cow
and the Jersey Royal potato. The former was the product of careful and selective breeding programmes; the latter being a total
fluke. The anarchist philosopher, Peter Kropotkin who visited the Channel Islands in 1890, 1896 and 1903 described the
agriculture of Jersey in The Conquest of Bread. The 19th century also saw the rise of tourism as an important industry, which
reached its climax in the period from the end of the Second World War to the 1980s. English was first permitted in debates in the
States of Jersey in 1901 and the first legislation to be drawn up primarily in English was the Income Tax Law of 1928. Emotionally,
the 20th century has been dominated by the Occupation of the island by German troops between 1940 and 1945 which saw about
8,000 islanders evacuated, 1,200 islanders deported to camps in Germany and over 300 islanders being sentenced to the prison
and concentration camps of mainland Europe (it depended on Neuengamme). 20 died as a result. The islanders endured
near-starvation in the winter of 1944-45, after it had been cut off from German-occupied Europe by Allied forces advancing from
the Normandy beachheads, avoided only by the arrival of the Red Cross supply ship Vega in December 1944. Liberation Day -
May 9 is marked as a public holiday. The Channel Islands were the only British soil occupied by German troops in World War II.
The event which has had the most far reaching effect on Jersey in modern times, is the growth of the finance industry in the island
from the 1960s onwards.
Source: Wikipedia: History of Jersey
| ECONOMIC OVERVIEW |
Jersey's economy is based on international financial services, agriculture, and tourism. In 2005 the finance sector accounted for
about 50% of the island's output. Potatoes, cauliflower, tomatoes, and especially flowers are important export crops, shipped
mostly to the UK. The Jersey breed of dairy cattle is known worldwide and represents an important export income earner. Milk
products go to the UK and other EU countries. Tourism accounts for one-quarter of GDP. In recent years, the government has
encouraged light industry to locate in Jersey with the result that an electronics industry has developed, displacing more traditional
industries. All raw material and energy requirements are imported as well as a large share of Jersey's food needs. Light taxes and
death duties make the island a popular tax haven. Living standards come close to those of the UK.
Source: CIA World Factbook (select Jersey)
about 50% of the island's output. Potatoes, cauliflower, tomatoes, and especially flowers are important export crops, shipped
mostly to the UK. The Jersey breed of dairy cattle is known worldwide and represents an important export income earner. Milk
products go to the UK and other EU countries. Tourism accounts for one-quarter of GDP. In recent years, the government has
encouraged light industry to locate in Jersey with the result that an electronics industry has developed, displacing more traditional
industries. All raw material and energy requirements are imported as well as a large share of Jersey's food needs. Light taxes and
death duties make the island a popular tax haven. Living standards come close to those of the UK.
Source: CIA World Factbook (select Jersey)
| POLITICAL CLIMATE |
Jersey has an unwritten constitution arising from the Treaty of Paris (1259). When Henry III and the King of France came to terms
over the Duchy of Normandy, all lands except the Channel Islands recognised the suzerainty of the King of France. The Channel
Islands however were never absorbed into the Kingdom of England by any Act of Union and exist as "peculiars of the Crown".
The Queen as head of state appoints the Lieutenant-Governor, who serves a ceremonial role as the Queen's representative and as
commander of the Armed Forces, for such a term as she pleases.
Jersey is a "long-standing, small democracy" with ultimate authority resting in the Crown as represented by the Lieutenant-Governor
and the Bailiff. Since 2005, executive power is exercised by the Chief Minister and other Ministers. The development of the
Constitution has seen a gradual separation of the legislature from the judiciary, but the Bailiff remains the president of the States
Assembly.
In 2007, the Chief Minister and the UK Lord Chancellor signed an agreement which established a framework for the development
of the international identity of Jersey.
Jersey, as a polity predominated by independents has always had a number of pressure groups. Many ad-hoc lobby groups form in
response to a single issue and then dissolve once the concerns have been dealt with. However there are a number of pressure
groups actively working to influence government decisions on a number of issues.
Source: Wikipedia: Politics of Jersey
over the Duchy of Normandy, all lands except the Channel Islands recognised the suzerainty of the King of France. The Channel
Islands however were never absorbed into the Kingdom of England by any Act of Union and exist as "peculiars of the Crown".
The Queen as head of state appoints the Lieutenant-Governor, who serves a ceremonial role as the Queen's representative and as
commander of the Armed Forces, for such a term as she pleases.
Jersey is a "long-standing, small democracy" with ultimate authority resting in the Crown as represented by the Lieutenant-Governor
and the Bailiff. Since 2005, executive power is exercised by the Chief Minister and other Ministers. The development of the
Constitution has seen a gradual separation of the legislature from the judiciary, but the Bailiff remains the president of the States
Assembly.
In 2007, the Chief Minister and the UK Lord Chancellor signed an agreement which established a framework for the development
of the international identity of Jersey.
Jersey, as a polity predominated by independents has always had a number of pressure groups. Many ad-hoc lobby groups form in
response to a single issue and then dissolve once the concerns have been dealt with. However there are a number of pressure
groups actively working to influence government decisions on a number of issues.
Source: Wikipedia: Politics of Jersey
| INTERNATIONAL DISPUTES |
None reported.
| REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS) |
None reported.
| ILLICIT DRUGS |
None reported.
| HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES |
Money Laundering and Financial Crimes
Jersey
INCSR 2008 Volume II
The Bailiwick of Jersey (BOJ), one of the Channel Islands, is an international financial center offering a sophisticated array of offshore
services. A Crown Dependency of the United Kingdom, it relies on the United Kingdom for its defense and international relations. Due to
Jersey’s investment services, most of the illicit money in Jersey is derived from foreign criminal activity. Domestically, local drug
trafficking and corruption of politically exposed persons (PEPs) are sources of illicit proceeds found in the country. Money laundering
mostly occurs within Jersey’s banking system, investment companies, and local trust companies.
The financial services industry consists of 48 banks; 1,086 funds; 953 trust companies (2005 statistic), and 175 insurance companies
(2006 statistic), which are largely captive insurance companies. The menu of services includes investment advice, dealing management
companies, and mutual fund companies. In addition to financial services, companies offer corporate services, such as special purpose
vehicles for debt restructuring and employee share ownership schemes. For high net worth individuals, there are wealth management
services. All regulated entities can sell their services to both residents and nonresidents. All financial businesses must have a presence in
Jersey, and management must also be in Jersey. However, although Jersey does not provide offshore licenses, it administers a number
of companies registered in other jurisdictions. These companies, known as “exempt companies,” do not pay Jersey income tax and their
services are only available to nonresidents.
The Jersey Finance and Economics Committee is the government body responsible for administering the law, regulating, supervising,
promoting, and developing the Island’s finance industry. The financial Services Commission (FSC) is the financial services regulator. In
2003, the International Monetary Fund (IMF) assessed Jersey’s anti-money laundering (AML) regime. The IMF reported that it found
the FSC to be in compliance with international standards. The IMF has scheduled a review and assessment of Jersey’s financial
frameworks for October 2008.
Jersey’s main AML laws are the Drug Trafficking Offenses (Jersey) Law of 1988, which criminalizes money laundering related to
narcotics trafficking, and the Proceeds of Crime (Jersey) Law, 1999, which extends the predicate offenses for money laundering to all
offenses punishable by at least one year in prison. The FSC has recently formed a dedicated AML Unit to lead the Island’s operational
AML and counter-terrorist financing (CTF) strategy. The AML Unit will devise and implement a registration scheme for currently
unregulated nonfinancial services businesses and professions entering an oversight regime for the first time.
Click here to read more »
Jersey
INCSR 2008 Volume II
The Bailiwick of Jersey (BOJ), one of the Channel Islands, is an international financial center offering a sophisticated array of offshore
services. A Crown Dependency of the United Kingdom, it relies on the United Kingdom for its defense and international relations. Due to
Jersey’s investment services, most of the illicit money in Jersey is derived from foreign criminal activity. Domestically, local drug
trafficking and corruption of politically exposed persons (PEPs) are sources of illicit proceeds found in the country. Money laundering
mostly occurs within Jersey’s banking system, investment companies, and local trust companies.
The financial services industry consists of 48 banks; 1,086 funds; 953 trust companies (2005 statistic), and 175 insurance companies
(2006 statistic), which are largely captive insurance companies. The menu of services includes investment advice, dealing management
companies, and mutual fund companies. In addition to financial services, companies offer corporate services, such as special purpose
vehicles for debt restructuring and employee share ownership schemes. For high net worth individuals, there are wealth management
services. All regulated entities can sell their services to both residents and nonresidents. All financial businesses must have a presence in
Jersey, and management must also be in Jersey. However, although Jersey does not provide offshore licenses, it administers a number
of companies registered in other jurisdictions. These companies, known as “exempt companies,” do not pay Jersey income tax and their
services are only available to nonresidents.
The Jersey Finance and Economics Committee is the government body responsible for administering the law, regulating, supervising,
promoting, and developing the Island’s finance industry. The financial Services Commission (FSC) is the financial services regulator. In
2003, the International Monetary Fund (IMF) assessed Jersey’s anti-money laundering (AML) regime. The IMF reported that it found
the FSC to be in compliance with international standards. The IMF has scheduled a review and assessment of Jersey’s financial
frameworks for October 2008.
Jersey’s main AML laws are the Drug Trafficking Offenses (Jersey) Law of 1988, which criminalizes money laundering related to
narcotics trafficking, and the Proceeds of Crime (Jersey) Law, 1999, which extends the predicate offenses for money laundering to all
offenses punishable by at least one year in prison. The FSC has recently formed a dedicated AML Unit to lead the Island’s operational
AML and counter-terrorist financing (CTF) strategy. The AML Unit will devise and implement a registration scheme for currently
unregulated nonfinancial services businesses and professions entering an oversight regime for the first time.
Click here to read more »
28 May 2010
Committee on the Elimination of Racial Discrimination
Reports submitted by States parties under article 9 of the Convention
Eighteenth and nineteenth periodic reports of States parties due in April 2006
United Kingdom* ** ***
B Jersey
346. The following report sets out progress by the government of Jersey since 2003 regarding implementation of the International
Convention on the Elimination of All Forms of Racial Discrimination.
Legislation
Discrimination (Jersey) Law 200-
347. The States of Jersey decided in 2002 to introduce new primary legislation to address the issue of racial discrimination. It was
subsequently decided to extend the remit of the drafting programme to include protection from discrimination in a number of other areas
including sex and disability discrimination.
348. In preparing the draft Law, the Island authorities have carefully considered the need to present legislation that will provide
adequate protection in accordance with the standards expected in today’s society and at the same time be comprehensive and clear.
349. The draft Law is designed to be an enabling law. In other words, the provisions of the legislation will allow the States to adopt
separate sets of Regulations in phases which will progressively extend protection from discrimination in different areas. The intention is
to achieve conformity and consistency of treatment in relation to different areas of discrimination, because the underlying provisions of
the Law will deal with all types of discrimination in a similar way.
Current progress
350. On 24 January 2008, the Council of Ministers considered a report on the proposed Discrimination (Jersey) Law 200-, together
with the revised draft legislation.
351. The Council endorsed the draft Discrimination Law and recommended that the Minister for Home Affairs forward the draft
Law to Scrutiny review and also recommended that the Minister should publish a consultation report seeking comments on the draft
Law. Public responses were requested by 14 March 2008.
352. A copy of the consultation paper and draft legislation are available at –
http://www.statesassembly.gov.je/documents/reports/27881-37143-522008.htm
353. Following the consultation, a comprehensive review of the legislation has been carried out.
• Introduction of the Discrimination (Jersey) Law is a priority for 2009 and 2010. Further work to be carried out prior to
implementing the principal Law includes finalising the Tribunal arrangements with Social Security and the Tribunal Chairman; working
with the Social Security Department on the Employment Law; confirming human rights compliance, lodging and the States adoption of
the law; Royal Assent; and further down stream, recruiting a Discrimination Officer, training and briefing. Due to current resource
pressures, implementation at some point in 2011 is the realistic and achievable expectation.
Click here to read more »
Committee on the Elimination of Racial Discrimination
Reports submitted by States parties under article 9 of the Convention
Eighteenth and nineteenth periodic reports of States parties due in April 2006
United Kingdom* ** ***
B Jersey
346. The following report sets out progress by the government of Jersey since 2003 regarding implementation of the International
Convention on the Elimination of All Forms of Racial Discrimination.
Legislation
Discrimination (Jersey) Law 200-
347. The States of Jersey decided in 2002 to introduce new primary legislation to address the issue of racial discrimination. It was
subsequently decided to extend the remit of the drafting programme to include protection from discrimination in a number of other areas
including sex and disability discrimination.
348. In preparing the draft Law, the Island authorities have carefully considered the need to present legislation that will provide
adequate protection in accordance with the standards expected in today’s society and at the same time be comprehensive and clear.
349. The draft Law is designed to be an enabling law. In other words, the provisions of the legislation will allow the States to adopt
separate sets of Regulations in phases which will progressively extend protection from discrimination in different areas. The intention is
to achieve conformity and consistency of treatment in relation to different areas of discrimination, because the underlying provisions of
the Law will deal with all types of discrimination in a similar way.
Current progress
350. On 24 January 2008, the Council of Ministers considered a report on the proposed Discrimination (Jersey) Law 200-, together
with the revised draft legislation.
351. The Council endorsed the draft Discrimination Law and recommended that the Minister for Home Affairs forward the draft
Law to Scrutiny review and also recommended that the Minister should publish a consultation report seeking comments on the draft
Law. Public responses were requested by 14 March 2008.
352. A copy of the consultation paper and draft legislation are available at –
http://www.statesassembly.gov.je/documents/reports/27881-37143-522008.htm
353. Following the consultation, a comprehensive review of the legislation has been carried out.
• Introduction of the Discrimination (Jersey) Law is a priority for 2009 and 2010. Further work to be carried out prior to
implementing the principal Law includes finalising the Tribunal arrangements with Social Security and the Tribunal Chairman; working
with the Social Security Department on the Employment Law; confirming human rights compliance, lodging and the States adoption of
the law; Royal Assent; and further down stream, recruiting a Discrimination Officer, training and briefing. Due to current resource
pressures, implementation at some point in 2011 is the realistic and achievable expectation.
Click here to read more »
No Reports from Freedom House mentioning Jersey after exhaustive search of their database. Please forward any information
you may have regarding Freedom House efforts on behalf of Jersey to the Pax Gaea World Report editor at the link below
Contact the editor »
you may have regarding Freedom House efforts on behalf of Jersey to the Pax Gaea World Report editor at the link below
Contact the editor »
Welcome to the
Jersey Amnesty International
Human Rights Film Festival
Monday 15th November until Friday 19th November 2010
Background:
In 2005 the first Jersey Human Rights Film and Photographic Festival took place. This event was organized by Amy Allen, Matthew
Winpenny from the Jersey Arts Centre and photojournalist Richard Wainwright, in association with the Centre for Development and
Emergency Practice at Oxford Brookes University.
This event was a great success, receiving an amazing response and confirmed a desire by the Jersey public to engage with human rights
issues from around the world. Since then the event has grown year on year and Jersey Amnesty International now continues to be the
main organising partner. The Festival is dedicated to showcasing some of the world’s best documentary films and photographic
exhibitions relating to human rights with each evening complemented by a specialist guest speaker.
A key aim is to reach a wide ranging cross section of the community by hosting school events including film screenings, workshops and
seminars for students from all the Islands schools.
Through committed and inspirational filmmakers and photographers we hope to bring to Jersey the reality of human rights abuses
suffered, endured and overcome by the people of the world.
Click here to read more »
Jersey Amnesty International
Human Rights Film Festival
Monday 15th November until Friday 19th November 2010
Background:
In 2005 the first Jersey Human Rights Film and Photographic Festival took place. This event was organized by Amy Allen, Matthew
Winpenny from the Jersey Arts Centre and photojournalist Richard Wainwright, in association with the Centre for Development and
Emergency Practice at Oxford Brookes University.
This event was a great success, receiving an amazing response and confirmed a desire by the Jersey public to engage with human rights
issues from around the world. Since then the event has grown year on year and Jersey Amnesty International now continues to be the
main organising partner. The Festival is dedicated to showcasing some of the world’s best documentary films and photographic
exhibitions relating to human rights with each evening complemented by a specialist guest speaker.
A key aim is to reach a wide ranging cross section of the community by hosting school events including film screenings, workshops and
seminars for students from all the Islands schools.
Through committed and inspirational filmmakers and photographers we hope to bring to Jersey the reality of human rights abuses
suffered, endured and overcome by the people of the world.
Click here to read more »
No Reports from Human Rights Watch mentioning Jersey after exhaustive search of their database. Please forward any
information you may have regarding Human Rights Watch efforts on behalf of Jersey to the Pax Gaea World Report editor at
the link below
Contact the editor »
information you may have regarding Human Rights Watch efforts on behalf of Jersey to the Pax Gaea World Report editor at
the link below
Contact the editor »
30th March 2010
Dear Lord Carswell,
Review of the Roles of the Jersey Crown officers
You have indicated that the Panel wishes to learn more about the comparable position in Guernsey and asked if we feel able to make any
contribution from our experience in Guernsey on the relevant issues. We are pleased to set out some information and thoughts about the
position in this Bailiwick; and to the extent that the position here is comparable, will be honoured if our contribution is of some value in
your deliberations, but would wish to begin by placing what follows in the context that:
·
Whilst we have some considerable experience, from our perspective as Law Officers, of the roles of the Bailiff and Deputy Bailiff in
Guernsey, particularly in their judicial and parliamentary aspects, beyond confirming that all holders of those offices in our experience
have discharged their often arduous functions with complete fairness, independence and integrity, we do not consider it our place to
comment further.
· A fortiori, we would not presume to express any views in respect of the offices of Bailiff and Deputy Bailiff of Jersey.
· Whereas there is undoubtedly much correlation between the offices of Attorney General / Solicitor General of Jersey and those of HM
Procureur / Comptroller in this Bailiwick, there are also significant differences; some are apparent from your terms of reference, and in
the present letter we will try to identify those, and some others which are apparent to us; but we suspect that there are other, less
immediately apparent, distinctions deriving from the unique positions and histories of the two Bailiwicks; and we would accordingly
commend some caution in reading too much across from our experience into the Jersey context, or indeed from the Panel’s findings in
the Jersey context into that of the Bailiwick of Guernsey.
Those caveats having been stated, there is one overarching feature of these ancient1 and independent2 Crown Officer appointments
which we would wish to stress, and that is that ours are in no sense political offices: our appointments endure despite changes in the
composition of the legislature (in this Bailiwick, any of the three legislatures) through elections; we hold office, subject to an age limit
which in Guernsey is 65 years, for so long as we shall well behave ourselves therein; we cannot and do not engage in political activity,
nor in private practice as Advocates. The oaths of the Guernsey Law Officers enjoin “Que vous maintiendrez justement la république de
cette Île” (for which we read « Bailliage »), and “garderez et observerez les lois, droits et anciennes libertés et usages accoutoumés selon
droit en cette Île” (« Bailliage »); and we regard with the utmost seriousness our duties as independent office holders to safeguard and
uphold the laws, rights and liberties of the Islands and the public interest therein. We turn now to outline our experience in the Bailiwick
of Guernsey with reference to the Panel’s terms of reference in respect of the roles of the Attorney and Solicitor General of Jersey.
Click here to read more »
Dear Lord Carswell,
Review of the Roles of the Jersey Crown officers
You have indicated that the Panel wishes to learn more about the comparable position in Guernsey and asked if we feel able to make any
contribution from our experience in Guernsey on the relevant issues. We are pleased to set out some information and thoughts about the
position in this Bailiwick; and to the extent that the position here is comparable, will be honoured if our contribution is of some value in
your deliberations, but would wish to begin by placing what follows in the context that:
·
Whilst we have some considerable experience, from our perspective as Law Officers, of the roles of the Bailiff and Deputy Bailiff in
Guernsey, particularly in their judicial and parliamentary aspects, beyond confirming that all holders of those offices in our experience
have discharged their often arduous functions with complete fairness, independence and integrity, we do not consider it our place to
comment further.
· A fortiori, we would not presume to express any views in respect of the offices of Bailiff and Deputy Bailiff of Jersey.
· Whereas there is undoubtedly much correlation between the offices of Attorney General / Solicitor General of Jersey and those of HM
Procureur / Comptroller in this Bailiwick, there are also significant differences; some are apparent from your terms of reference, and in
the present letter we will try to identify those, and some others which are apparent to us; but we suspect that there are other, less
immediately apparent, distinctions deriving from the unique positions and histories of the two Bailiwicks; and we would accordingly
commend some caution in reading too much across from our experience into the Jersey context, or indeed from the Panel’s findings in
the Jersey context into that of the Bailiwick of Guernsey.
Those caveats having been stated, there is one overarching feature of these ancient1 and independent2 Crown Officer appointments
which we would wish to stress, and that is that ours are in no sense political offices: our appointments endure despite changes in the
composition of the legislature (in this Bailiwick, any of the three legislatures) through elections; we hold office, subject to an age limit
which in Guernsey is 65 years, for so long as we shall well behave ourselves therein; we cannot and do not engage in political activity,
nor in private practice as Advocates. The oaths of the Guernsey Law Officers enjoin “Que vous maintiendrez justement la république de
cette Île” (for which we read « Bailliage »), and “garderez et observerez les lois, droits et anciennes libertés et usages accoutoumés selon
droit en cette Île” (« Bailliage »); and we regard with the utmost seriousness our duties as independent office holders to safeguard and
uphold the laws, rights and liberties of the Islands and the public interest therein. We turn now to outline our experience in the Bailiwick
of Guernsey with reference to the Panel’s terms of reference in respect of the roles of the Attorney and Solicitor General of Jersey.
Click here to read more »
WORK AND RESIDENCE PERMITS: ESTABLISHMENT OF WORKING GROUP (P.109/2010) – COMMENTS
Presented to the States on 22nd September 2010
by the Chief Minister STATES GREFFE
The development of Jersey’s new Migration legislation has involved extensive research and consultation, as shown in the attached
timeline, and Members have had many opportunities to contribute their views. These opportunities will continue to be available.
Having seen the draft legislation, I believe that provided it meets Human Rights compliance, which I believe it does, then it achieves the
aims of the States set out in P.25/2005 – “Migration: monitoring and regulation” which was approved by the Assembly nearly
unanimously.
The draft legislation is being submitted for review by the Law Officers’ Department, including Human Rights Audit. Once this is
completed, it is hoped the new Laws will be lodged early in the New Year for the States to debate in May 2011. The draft legislation has
also been made available for scrutiny to the Corporate Services Scrutiny Sub-Panel, specifically established to review the Migration
policy, with membership comprised from relevant Panels. A further working group at this stage would therefore be unnecessary and
superfluous.
Migration policy has been the subject of considerable activity, and a timeline showing the key dates is included as an Appendix to these
Comments, as well as additional background information.
There is no persuasive evidence to suggest that a work permit system would be the best option for Jersey and I believe that forming a
Working Group would simply replicate work already carried out. Therefore I see no merit in establishing a Working Group in advance of
the forthcoming debate on the draft migration legislation, and in advance of understanding the findings of the Corporate Services
Scrutiny Sub-Panel, especially with a potential further cost of £50,000.
I therefore urge members to reject this proposition.
Click here to read more »
Presented to the States on 22nd September 2010
by the Chief Minister STATES GREFFE
The development of Jersey’s new Migration legislation has involved extensive research and consultation, as shown in the attached
timeline, and Members have had many opportunities to contribute their views. These opportunities will continue to be available.
Having seen the draft legislation, I believe that provided it meets Human Rights compliance, which I believe it does, then it achieves the
aims of the States set out in P.25/2005 – “Migration: monitoring and regulation” which was approved by the Assembly nearly
unanimously.
The draft legislation is being submitted for review by the Law Officers’ Department, including Human Rights Audit. Once this is
completed, it is hoped the new Laws will be lodged early in the New Year for the States to debate in May 2011. The draft legislation has
also been made available for scrutiny to the Corporate Services Scrutiny Sub-Panel, specifically established to review the Migration
policy, with membership comprised from relevant Panels. A further working group at this stage would therefore be unnecessary and
superfluous.
Migration policy has been the subject of considerable activity, and a timeline showing the key dates is included as an Appendix to these
Comments, as well as additional background information.
There is no persuasive evidence to suggest that a work permit system would be the best option for Jersey and I believe that forming a
Working Group would simply replicate work already carried out. Therefore I see no merit in establishing a Working Group in advance of
the forthcoming debate on the draft migration legislation, and in advance of understanding the findings of the Corporate Services
Scrutiny Sub-Panel, especially with a potential further cost of £50,000.
I therefore urge members to reject this proposition.
Click here to read more »
Press notice
No. 8, 22 October 2010
JOINT COMMITTEE ON HUMAN RIGHTS, Press notice (No. 8, 22 October 2010) Terrorist asset-freezing powers: Joint Committee
on Human Rights expresses concerns about use of secret evidence In a Report published today, the Joint Committee on Human Rights
(JCHR) expresses concern over some of the significant human rights issues raised by the Government's Terrorist Asset-Freezing Etc.
Bill, including the fairness of using secret evidence in the same way as it is used to make control orders. The preliminary report is
intended to bring Parliament's attention to several issues which the Committee is currently discussing with the Government.
The Committee welcomes the Government amendments made at the Lords Committee Stage. However, it also makes several
recommendations for further improving the Bill to make it comply with human rights laws, including:
* making the legal framework on the use of secret evidence fair by making clear that the Government must provide sufficient
information about the allegations against an individual to enable them to give effective instructions to the special advocate who represents
their interests (see paras 37-39);
* clarification that asset-freezes can only be imposed where the relevant facts about involvement in terrorism have been proved "on the
balance of probabilities";
* more detailed justification for enabling the Government, rather than the courts, to impose final asset-freezes; and
* providing for the independent reviewer of the terrorist asset-freezing regime to be appointed by and report directly to Parliament, not to
the Government.
Dr Hywel Francis MP, Chair of the Committee, said: "The power to freeze terrorist assets is an important counter-terrorism measure.
However, as it stands, this Bill is a missed opportunity to make sure that it is always used proportionately and fairly. In particular, there
is a chance in this Bill to make sure that the use of secret evidence is never allowed to cause unfairness to people who are made the
subject of these draconian measures. However, we welcome the changes that the Government has made so far to this Bill, and the
Committee is currently in correspondence with Ministers about the issues we have flagged up in this preliminary Report. We may need
to consider a further Report when the Bill is before the House of Commons, but this will depend on the extent to which our concerns
have been addressed."
Click here to read more>>
No. 8, 22 October 2010
JOINT COMMITTEE ON HUMAN RIGHTS, Press notice (No. 8, 22 October 2010) Terrorist asset-freezing powers: Joint Committee
on Human Rights expresses concerns about use of secret evidence In a Report published today, the Joint Committee on Human Rights
(JCHR) expresses concern over some of the significant human rights issues raised by the Government's Terrorist Asset-Freezing Etc.
Bill, including the fairness of using secret evidence in the same way as it is used to make control orders. The preliminary report is
intended to bring Parliament's attention to several issues which the Committee is currently discussing with the Government.
The Committee welcomes the Government amendments made at the Lords Committee Stage. However, it also makes several
recommendations for further improving the Bill to make it comply with human rights laws, including:
* making the legal framework on the use of secret evidence fair by making clear that the Government must provide sufficient
information about the allegations against an individual to enable them to give effective instructions to the special advocate who represents
their interests (see paras 37-39);
* clarification that asset-freezes can only be imposed where the relevant facts about involvement in terrorism have been proved "on the
balance of probabilities";
* more detailed justification for enabling the Government, rather than the courts, to impose final asset-freezes; and
* providing for the independent reviewer of the terrorist asset-freezing regime to be appointed by and report directly to Parliament, not to
the Government.
Dr Hywel Francis MP, Chair of the Committee, said: "The power to freeze terrorist assets is an important counter-terrorism measure.
However, as it stands, this Bill is a missed opportunity to make sure that it is always used proportionately and fairly. In particular, there
is a chance in this Bill to make sure that the use of secret evidence is never allowed to cause unfairness to people who are made the
subject of these draconian measures. However, we welcome the changes that the Government has made so far to this Bill, and the
Committee is currently in correspondence with Ministers about the issues we have flagged up in this preliminary Report. We may need
to consider a further Report when the Bill is before the House of Commons, but this will depend on the extent to which our concerns
have been addressed."
Click here to read more>>
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| Click flag for Country Report |
Elizabeth II of the United Kingdom
Queen since 6 February 1952
Queen since 6 February 1952
| TRAFFICKING IN PERSONS |
None reported.
Philip Michael Birt
Bailiff since 09 July 2009
Bailiff since 09 July 2009
Represented by
Andrew Ridgeway
Lieutenant Governor since 14 June 2006
Andrew Ridgeway
Lieutenant Governor since 14 June 2006
